18Design may include functional features or be of indefinite dimension

##### 18 Design may include functional features or be of indefinite dimension (1) An application for registration of a design shall not be refused, and a registered design is not invalid, by reason only that the design consists of, or includes, features of shape or configuration that serve, or serve only, a functional purpose. (2) An application for registration of a design must not be refused, and a registered design is not invalid, by reason only that an article or a part of an article is of indefinite extent in one or 2 dimensions. (3) If, on or after 30 July 1991 but before this Act receives the Royal Assent, a person availed himself or herself (or took definite steps, by way of contract or otherwise, to avail himself or herself) of a registered design in the belief that because of a decision referred to in subsection (4) the registration of the design was invalid, such provisions as are prescribed have effect for the protection or compensation of that person. (4) For the purposes of subsection (3), the decisions referred to in this subsection are: (a) the decision of the Full Court of the Federal Court in Bondor Pty Ltd and Others v National Panels Pty Ltd 102 ALR 65; and (b) the decision of the Federal Court in Brisbane Aluminium Fabricators and Supplies Pty Ltd v Techni Interiors Pty Ltd 23 IPR 107.